Can I sue my father for attacking my mother and me?

No way Id get in the middle of this. Say one thing, you'll say another, the others will say something slightly different and no fact finder will know what the facts are so they will essentially pick and choose what facts make some sense and no one will win. My advice is to move-on in life.

You can certainly sue your dad. May cost you more than you want to pay. Civil suits take years and cost big bucks.

You cannot sue your father for attacking your mother for any injuries she sustained or for defamation. Your mother, assuming you are not her legal guardian, would have to bring any claim on her own. As to your actual "Question", which was "Can I sue my father for attacking my mother and me?", which I am interpreting as "Can I sue my father for physically attacking me and causing me physical injuries for my injuries," the general answer is yes. What you have described, in injury law, would be considered a "battery," which has defined to mean: infliction of unconsented injury upon or unconsented contact with another. Basically, being physically contacted, in any way, that causes injury to which you have not consented to. The defenses to a civil "batter" are consent and justification. The main issue in your case is whether you "consented" to the physical confrontation with your father. Consent has been defined as: Consent is willingness in fact for conduct to occur. Consent may be manifested by action (words or conduct) or inaction. While you were physically contacted by your father (punched in your eye) you have not provided sufficient information to determine conclusively whether you consented to the act or whether your father was justified in striking you. With regard to your question "is there anything we can do to prove our innocence" I cannot answer that question as that is an issue of criminal law and beyond the scope of my practice. Lastly, as to your question about suing for defamation, you do not indicate when the alleged "defamation" occurred and how you have been defamed. This makes a significant difference in trying to answer your question. Assuming you are referring to the police investigation and trial, you cannot sue the police for defamation. (See Nebraska Revised Statute 13-910(7). The same holds true for your father, assuming it occurred during the investigation or trial, although not under the statute cited above. However, if your father made false statements outside of the investigation or trial, you might have a defamation claim. It would depend on what he said or wrote and in what context. You possibly, although there is insufficient information to know for certain, may have a claim for "malicious prosecution" against your father. To win a case for "malicious prosecution" you must prove all of the following: (1) that your father caused the criminal proceeding to be filed against you; (2) that your father did not have probable cause for causing the criminal case to be filed against you; (3) that your father was motivated by malice; (4) that the criminal case was a proximate cause of some damage to you; and (5) the nature and extent of that damage. However, before you could bring a claim for "malicious prosecution" you must have the criminal charges against your reversed and dismissed. This response is based on the limited information provided, makes certain assumptions, and assumes that all events took place in Nebraska. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim against someone, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.

To sue you would need to interest a lawyer in your case. Your Father would have to be loaded to make it worthwhile to go after him. Meanwhile, you have to fight the criminal case.

I don't think you can prove your innocence because you are not innocent. I bet $10,000, alcohol was the primary cause of the problem. Sober sane adults don't act like you describe, however, when you drop in on someone at their home, you are the visitor and should leave ASAP if trouble starts to brew. How smart was it to drop in like you did?

You can sue your father but, you need to be able to prove that this went down the way you say it did. Same with the defense of your criminal case, you need to prove what you say happened, happened. Tough one to do for sure. No cause of action against the police, they are immune.

The statute of limitations for intentional acts is one year.

Seems to me that unless you are plea bargaining, you will get your day in court to exonerate yourself on the criminal issue. If your cousin and mother all have the same story, it seems like you should prevail. You can probably sue for assault and battery. Your mom could too. Again, you need to all be on the same page with the same story of what happened.

Yes you could bring a civil lawsuit against your father but you will have the responsibility of proving your case. This is a case where it is your word against his so make sure you have solid witnesses if you choose to proceed. You will also need to prove your damages with medical records and medical diagnosis. The difficulty you will have is collecting because the insurance company will not cover the action because the conduct was likely intentional. If you wish to recover monetary damages you better make sure he has money in the first place.